| Citation(s) |
|---|
| 1984 SLG 1085 1984 SLD 1085 1984 PLC 209 |
Labour Appellate Tribunal, Punjab
Appeal No. G. A.-47 of 1982/Pb., decided on 17th April, 1983.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeal No. G. A.-47 of 1982/Pb., decided on 17th April, 1983.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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MUHAMMAD WAZIR
VS
HABIB BANK LTD.
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)----- --- S. 22-A (8) (c) (g), 22-A (12), 22-B (1) (a), 38 (d), 38 (e) & 25-A and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1 (4) (c)-Nationalised Banks-Working under authority of Government-Wage Commission Award for Banks enjoys character of statutory rules-Conditions for exclusion from ambit of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 fulfilled-Decision of Wage Commission published under S. 38 (c) of Industrial Relations Ordinance, 1969 deemed to be an award and provisions of Industrial Relations Ordinance, 1969, held, applicable to such award-Jurisdiction of Labour Court, held, not barred in enforcement of rights guaranteed by such award Grievance petition of worker (Bank employee) seeking redress against infringement of right guaranteed under award of Wage commission, held, maintainable under S. 25-A of Industrial Relations Ordinance, 1969. Zafar Saleem for Appellant. A. R. Sheikh for Respondent. Date of hearing : 10th April, 1983. JUDGMENT This appeal calls in question .the decision, dated 25th January, 1982 passed by the learned Presiding Officer, Punjab Labour Court No. 7. Gujranwala, whereby the grievance petition of the appellant was returned to him for presentation to the proper forum, holding that the Labour Court had no jurisdiction: Reliance was placed by the learned lower Court upon 1982 P L C 1. 2. The appellant was dismissed from service on account of an alleged misconduct. He challenged the order before the learned lower Court on facts as well as on the ground that he was not afforded proper opportunity to defend himself. In the ruling relied upon by the learned lower Court it has been held that the N. 1. R. C. has jurisdiction, I have already differed with the view in many cases. The N. 1. R. C. has jurisdiction only in cases of unfair labour practices. Sections 22-A (8) (c) (g) and section 22-B (i). (a) are quite clear on the point. Section 22-A (12) rather saves the jurisdiction of the Labour Courts than to bar it even in case of unfair labour practices. The relevant rule (12) read as under…
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